McNally v. Mansfield — 187 N.Y. 522

Majority

p. 522

Owen McNally, Appellant, v. James E. Mansfield, as Mayor of the City of Oswego, et al., Respondents.

Headnote

McNally v. Mansfield, 105 App. Div. 629 , affirmed.

(Argued December 18, 1906;

decided January 8, 1907.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered

p. 523

June 5, 1905, which affirmed, a judgment of Special Term sustaining a demurrer to and dismissing the complaint in a taxpayer’s action to restrain the issuance and sale of bonds of the city of Oswego.

F. T. Cahill for appellant.

Merrick Stowell and Francis D. Culkin for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Edward T. Bartlett, Werner and Chase, JJ. Not sitting: Hiscock, J.